Can you sue your employer in South Carolina?
Can you sue your employer in South Carolina?
An employee that suffers an injury or illness while on-the-job must notify their employer with 90 days of the incident. An injured employee may need to seek medical treatment as well as miss days from work. However, the employee cannot sue the employer for work-related injury or illness. Under South Carolina Workers’ Compensation law, the employee may seek compensation and benefits for their accident through the South Carolina Workers’ Compensation Commission (WCC). The WCC is the exclusive remedy for compensation for a work injury or death. Therefore, an employee cannot directly sue their employer for a work injury. Instead, an injured employee has the option to file a workers’ compensation claim and receive benefits from their employer’s workers’ compensation insurance.
Although the employee cannot sue their employer for a worker’s compensation claim, they may be able to sue for unlawful treatment arising out of the claim. If an employee receives a discharge or demotion because they filed a workers’ compensation claim, that may be considered as a retaliatory discharge or demotion. South Carolina law prohibits an employer from discharging or demoting an employee for filing a worker’s compensation claim or participating in a worker’s compensation proceeding. If that happens, however, an employee can file a lawsuit directly against the employer. They are entitled to compensation for lost wages and reinstation to their former position. The employee has to burden to proof that their termination or demotion was only due to their filing or participating in a workers’ compensation claim against the employer. The statute of limitations to bring the lawsuit for an employment retaliatory discharge or demotion is one year from the date of the discharge or demotion.
Other Workers’ Compensation FAQs:
- Can I be compensated for missing time from work?
- Can you be fired while on worker’s compensation in South Carolina?
- Can you sue your employer in South Carolina?
- Do I have to work if my doctor approves “light duty” work?
- How does the workers’ compensation judge calculate how much money you get?
- How does workers’ compensation work in South Carolina?
- How long does workers’ compensation last?
- How much does it cost to hire a workers’ compensation law firm?
- I was injured on the job. Can I file a suit against my employer?
- What are some of the most common work related injuries?
- What can disqualify me from South Carolina workers’ compensation?
- What does Partial Disability mean under South Carolina’s workers’ compensation law?
- What does Total Disability mean under South Carolina’s workers’ compensation law?
- What Happens if I’ve been hurt on the job and I’m permanently disabled?
- What happens to my job if I’ve been injured?
- What if I need to get back to work, but my doctor hasn’t approved it?
- What if I’ve seen my company doctor but want a second opinion?
- What if the employee dies due to a work injury? What kind of benefits does the family get?
- Why do I need a workers’ compensation lawyer? Shouldn’t I just contact the insurance company by myself?
Practice Areas
What Our Clients Say
I would highly recommend them.
I would highly recommend them. Enjoyed the fact that every time I called, someone called me back. It made me feel like my case mattered, and that I mattered. They answered all of my questions and concerns in a timely manner.
- Paula
I am very pleased with my experience.
I am very pleased with my experience. I have and will continue to recommend the Steinberg Law Firm. They have worked very hard on my behalf.
- Sharon
Received a significant settlement.
Received a significant settlement. Ms. Andrews is very communicative and will fight for your case.
- Tiera Green
Taylor and his team did an amazing job
I was involved in an auto accident in 2021, and chose Steinberg Law Firm to represent my case. Taylor and his team did an amazing job representing me in my case. They were super nice, kept me up-to-date, answered any questions in a timely manner, and settled my case quickly. I highly recommend Taylor Grooms and his team.
- Mary Lowe
He didn't give up.
We work hard through the pandemic to get the case solved and it was a tuff fight but in all he didn’t give up. I definitely would call Lawrence Grooms again if I need him
- Shannon
Mr. Taylor Grooms is very professional...
Mr. Taylor Grooms is very professional and have great customer service. He made everything so easy.
- Kimberly
A team who exemplify extraordinary integrity, value, and work ethic.
Immediately after my auto accident. Mr. Taylor Grooms, Attorney and Ms. Glenis Haynes, Paralegal were compassionate and responsive to my inquiry. They are available by phone, text, and email proactively letting me know the status of my case. Mr. Grooms was direct letting me know the pros and cons concerning my outcome. Ms. Glenis was a phone call or text away when I had question. A team who exemplify extraordinary integrity, value, and work ethic. I am highly recommending Taylor and Glenis for their commitment to excellence.
- Dr. M. Frazier
Elliotte Quinn is a definite go-to for construction issues.
After a long suit over my home, we prevailed. Elliotte Quinn is a definite go-to for construction issues. Extremely detailed and easy to work with toward the goal. Highly suggested.
- M. Durante
Elliott and his assistant, Monica, were both amazing!
Elliott and his assistant, Monica, were both amazing! They explained exactly what to expect and when, and got us a great settlement. I highly recommend this law firm!
- Deena
